Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Abolition of Forced Labour Convention, 1957 (No. 105) - Nigeria (Ratification: 1960)

The Committee notes the information provided by the Government in its report of 9 December 1993.

Article 1(a) of the Convention. In its previous comments, the Committee noted that the transition to civilian rule, scheduled for 2 January 1993, was extended to 27 August 1993. The Committee notes that on 17 November 1993, after an 82-day period of civilian rule, albeit by a non-elected administration, the country came again under military control. A Provisional Ruling Council was instituted, the National Assembly dissolved, the two existing political parties banned and political activity prohibited. The 1979 Constitution was restored.

The Committee notes the Government's indication that under the 1979 Constitution, the rights to freedom of thought, conscience, religion and expression are guaranteed (sections 35 and 36 of the 1979 Constitution). The Committee hopes that the Government will provide information on legislative or statutory provisions in force in relation to the expression of views, freedom of association and assembly and political activities. Referring in this context to the prohibition of political activities, the Committee recalls that the Convention prohibits the use of any form of forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the persons protected by the Convention may not be punished by penalties which would involve an obligation to work.

The Committee referred previously to the State Security (Detention of Persons) Decree No. 2 of 1984, as modified, under which persons can be detained for successive periods of six weeks. The Committee notes the Government's indication in its report that since 27 August 1993 all detainees under Decree No. 2 have been released. The Committee hopes that the Government will provide a copy of any Act or regulation governing conditions of detention under Decree No. 2 of 1984, as previously requested.

Article 1(c) and (d). In previous comments, the Committee referred to the following provisions: section 81(1)(b) and (c) of the Labour Decree, 1974; section 117(b), (c) and (e) of the Merchant Shipping Act; section 13(1) and (2) of the Trade Disputes Decree No. 7 of 1976. The Committee noted previously the Goverment's information that section 81(1)(b) and (c) of the Labour Decree, 1974 and section 13(1) and (2) of the Trade Disputes Decree No. 7 of 1976 had been submitted to the National Advisory Council for necessary amendments.

The Committee notes the Government's indication in its latest report that these provisions are still under consideration by the National Advisory Council who has yet to conclude its work. It also notes the Government's statement that the relevant amendments to section 117(b), (c) and (d) of the Merchant Shipping Act have not been effectuated.

The Committee hopes that the necessary action to ensure the observance of the Convention in this regard will be taken and that the Government will indicate the measures taken or envisaged to amend the legislative provisions referred to.